Officers cleared in fatal shooting at South Daytona tanning salon

Thursday

Sep 4, 2014 at 12:54 PMSep 4, 2014 at 10:27 PM

By Lyda Longalyda.longa@news-jrnl.com

SOUTH DAYTONA — The State Attorney’s Office has cleared two police officers who shot and killed a rape suspect armed with a BB gun outside a Beville Road tanning salon.A brief report released Thursday by the South Daytona Police Department details what happened the afternoon of May 6 when 28-year-old Cheyne Pinkney of Ponte Vedra Beach raped and attempted to rob an employee of Hot Tans. The report also reveals how Pinkney ended up in Volusia County and on Beville Road to begin with, and that the handgun in his possession was an air soft BB gun that resembles a “real Beretta pistol,” the report states. The weapon had been bought that afternoon at the Wal-Mart on Beville Road. The gun purchase was a few minutes before Pinkney entered the tanning salon. Investigators said Pinkney had removed the orange tip from the weapon, making it look more like a real firearm, the report states.After the rape and attempted robbery, Pinkney bolted out the back door of the business and was shot by Daytona Beach Officer Kera Cantrell and South Daytona Officer Michael Charla. Surveillance cameras set up inside and outside the shop at 927 Beville caught images of Pinkney running through the store with officers chasing him. The outside cameras also caught the moment when Cantrell and Charla shot Pinkney. The suspect is seen running from the officers and then turns around slightly and raises his weapon, pointing it in the direction of Cantrell. “The officers in fear of Ofc. Cantrell being shot by Pinkney, fired their police-issued firearms (pistols) at Pinkney. Pinkney fell to the ground with both his hands and gun under him. Pinkney’s hands were secured and the pistol was kicked away from Pinkney’s reach,” according to the report released by South Daytona Lt. Dan Dietrich.Pinkney died later that afternoon at Halifax Health Medical Center and an autopsy report states the cause of death was a single gunshot wound to the chest. The toxicology report also revealed that Pinkney had alcohol, methamphetamine and amphetamine in his system.But Pinkney was already in trouble before he came to Volusia, the report states.He served time in prison in Guatemala on a liquor charge and also had arrests for armed robbery, battery, kidnapping/false imprisonment, cocaine possession, aggravated abuse, assault on a law enforcement officer/firefighter and burglary with assault, according to the report.The day before the incident, he was in Hillsborough County and telephoned a former cellmate who lives here in Volusia, the report states. Pinkney told the man that he had raped a girl at a strip club and needed a place to “hide out.” Pinkney told his acquaintance that he had enough money to make it to Orlando, but would need a ride to Volusia County from there. The friend picked Pinkney up and brought him to his residence. But when the friend left his house for a while, police said Pinkney made sexual advances toward the man’s wife and the man’s 14-year-old stepdaughter. The wife had rebuffed Pinkney and moments later, she heard her daughter yell out, “get this psycho stupid (expletive) out of my room now!” At that point, Pinkney’s friend arrived and took Pinkney away from the residence, the report states. Pinkney then told his friend that he would buy him a TV at the Walmart on Beville Road, the report shows.When the man drove him to the store, he realized Pinkney had no intention of buying a TV, but of stealing one, the report states. That’s when the man left Pinkney at the Walmart. That was in the early morning hours of May 6.Later that morning — just after 10 a.m. — Pinkney began hanging around the shops at 927 Beville, the report states. Pinkney entered Hot Tans and spoke to a different employee, asking her about prices for tans. At 3:30 p.m., after he had already bought the gun at Walmart, Pinkney went back to the tanning parlor and asked the victim about getting a “lay down” tan, the report shows. When the victim became distracted as she entered Pinkney’s information into the computer, the suspect grabbed the woman from behind and pointed the BB pistol at her side, the report states. The woman was able to set off the silent alarm, alerting police.The woman later told investigators that Pinkney threatened her, saying that if she made any sudden moves or did anything drastic, “I will shoot you in the head just like I did three other people,” the report shows. The suspect then led the woman to a back room and raped her, the report states. Pinkney told the victim that he felt badly about what he was doing and that he was unhappy, according to the report. Pinkney then told the woman that he wanted to have sex with her again. At that moment though, the phone rang and the victim told Pinkney that she had to answer, the report shows. She walked to the front of the business and noticed that police were already outside, the report states. The woman — crying — then ran to the front door and let the officers in. Pinkney turned quickly and sprinted toward the back door, pulling the gun from his pants pocket, the surveillance video shows. Once he burst through the back door, surveillance cameras catch the image of Pinkney running into the parking lot, then turning slightly, the gun in his right hand. He raised his hand somewhat and the officers opened fire. Pinkney then fell face down and remained motionless.